Tamara Terry v. Douglas County Children’s Center, Inc. dba Douglas Cares, a domestic non-profit; Douglas County District Attorney Rick Wesenberg, an individual; and Anita Cox, an individual

Summary

The United States District Court for the District of Oregon grants motions to dismiss claims brought by Tamara Terry against Douglas County Children’s Center, Inc. and Douglas County District Attorney Rick Wesenberg. The court dismisses Terry’s claims under 42 U.S.C. § 1983 because she stipulated to dismissal of the claims against the private entity and her personal-capacity claims against Wesenberg, while official-capacity damages claims were unavailable. The court also declines supplemental jurisdiction over the remaining state-law claims and dismisses them without prejudice.

Holdings

1. A private entity is not subject to § 1983 liability unless its challenged conduct qualifies as state action under an applicable state-action test. Plaintiff alleged no facts or argument establishing that CARES was a state actor, and she stipulated to dismissal of the § 1983 claims against CARES.
2. Plaintiff could not maintain a damages claim against Wesenberg in his official capacity because an official-capacity damages suit is treated as a suit against the governmental entity or sovereign, which is not a person subject to damages liability under § 1983. Because Plaintiff stipulated to dismissal of the personal-capacity claim, the § 1983 claims against Wesenberg were dismissed.
3. The court declined to exercise supplemental jurisdiction over the state-law claims against CARES and Wesenberg after dismissing all federal claims over which it had original jurisdiction, and dismissed the state-law claims without prejudice.

Questions Presented

1. Whether CARES could be treated as a state actor subject to liability under 42 U.S.C. § 1983.
2. Whether Plaintiff could maintain a damages claim under § 1983 against District Attorney Rick Wesenberg in his official capacity after stipulating to dismissal of her personal-capacity claim.
3. Whether the court should exercise supplemental jurisdiction over Plaintiff’s state-law claims after dismissing all federal claims against CARES and Wesenberg.

Disposition

dismissed